Certificate of Lawful Development Appeal Decisions by category of
development.

The Town and Country Planning (General Permitted Development)
Order 1995
Part 1 (as amended on 1 October 2008)

This appeal decision summary and
assessment has been produced byPlanning Jungle Limited. For more information, please go to www.planningjungle.com/?p=20

Class E development

·Appeal decisions (or parts of
appeal decisions) that relate to whether or not an outbuilding accords with the phrase “required for a
purposeincidentalto the enjoyment of the
dwellinghouse as such” arenotsummarised in this
document.

·See entries under
separate heading “Interaction between Class A and Class E”.

·The requirement for a Class E
outbuilding to be for an “incidental” purpose would not cover normal residential uses, such as
separate self-contained accommodation. Therefore such uses would not be permitted
development.[Source: “DCLG - Permitted development for householders - Technical guidance”
(August 2010)].

·The requirement for a Class E
outbuilding to be for an “incidental” purpose would not cover the use of an outbuilding for
primary living accommodation, such as a bedroom, bathroom, or kitchen. Therefore such uses would
not be permitted development.[Source: “DCLG -
Permitted development for householders - Technical guidance” (August
2010)].

·Where a proposed outbuilding
would include a bedroom, which would add to the ordinary living accommodation provided by the property, it
would not be permitted development.[Source: September 2009 - Code a00026].

E.1(a):

·For
the purposes of Class A, part A.1(a) and Class A, part E.1(a), aseparate detached structure(such as a
detached garage)built prior to 1948isnotpart of “the
original dwellinghouse”. As such, a detached garage willalwayscount as having
used up some of the 50% limit, regardless of when it was built.[Source: “DCLG -
Permitted development for householders - Technical guidance” (August
2010)].

E.1(b):

·See entries under
separate heading “Principal Elevation”.

·The phrase “situated on land
forward of a wall forming the principal elevation of the original dwellinghouse” applies not just to
the area directly in front of the wall, but also to the area in front of the imaginary line of the wall when
extended to either side.[Source:July 2009 - Code a00010].
[Source: December 2009 - Code a00054].
[Source: April 2010 - Code
a00117].[Source: “DCLG - Permitted development for householders - Technical guidance”
(August 2010)].[Source:
February 2011 - Code a00213].
[Source:July 2011 - Code
a00257].

E.1(c):

·No
entries.

E.1(d):

·See entries under
separate heading “Height”.

·See entries relating
to the phrase “within 2m of the boundary” under separate heading “A.1(g)”.

·Where parts of a proposed
outbuilding are within 2m of a boundary, the 2.5m height limit applies not just to those parts within
2m of the boundary, but to all parts of the proposed outbuilding.[Note: This contradicts the entry
above].[Source:November 2009 - Code a00038].
[Source: January 2010 - Code a00081].
[Source: January 2010 - Code a00087].
[Source: April 2010 - Code a00115].[Source: May 2010 -
Code a00119].[Source: June 2010 - Code a00122].
[Source: “DCLG - Permitted development for householders - Technical guidance”
(August 2010)].
[Source:July 2011 -
Code a00262].

·Where parts of a proposed
outbuilding are within 2m of a boundary, the 2.5m height limit applies only to those parts within 2m
of the boundary.[Note: This contradicts the entry
above].[Source: July 2010 - Code a00127].

·Where an existing outbuilding is
within 2m of a boundary and has a height greater than 2.5m, then any extension to this outbuilding will
automatically fail Class E, part E.1(d). This is on the basis that it is the combined structure
(rather than just the new extension) that must be assessed against the height
limitation.[Source:November 2010 - Code a00150].

·Where an existing outbuilding is
within 2m of a boundary and has a height greater than 2.5m, an extension to this outbuilding is still subject
to the 2.5m height limit.[Source:
November 2009 - Code a00038].

·Where the walls of an
outbuilding would not be within 2m of a boundary, but the eaves of the outbuilding would overhang to slightly
within 2m of a boundary, then the 2.5m height restriction of E.1(d) would apply.[Note: This contradicts the entry
below].[Source: June 2010 - Code a00122].

·Where the walls of an
outbuilding would not be within 2m of a boundary, but the eaves of the outbuilding would overhang to slightly
within 2m of a boundary, then the 2.5m height restriction of E.1(d) would not apply.[Note: This contradicts the entry
above].[Source:January 2011 - Code a00203].

·The phrase “dual-pitched roof”
applies not just to a roof with a ridge-line with a pitched roof on either side and gable ends (i.e.
where the roof has 2 slopes), but also in the case where one or both of the ends are hipped ends (i.e.
where the roof has 3 or 4 slopes).[Source: July 2010 - Code a00127].
[Source: “DCLG - Permitted development for householders - Technical guidance”
(August 2010)].[Source: September 2010 -
Code a00139].
[Source: December 2010 - Code a00182]
[Source: December 2010 - Code a00183].

·The phrase “dual-pitched roof”
does apply to an outbuilding with an “L”-shaped footprint with a dual-pitched roof along each of the
two sides of the “L”, such that is a merging section where these two roofs meet.[Source: September 2010 - Code a00139].[Source: December 2010 - Code a00182]

·The phrase “dual-pitched roof”
does not apply to an outbuilding with a “U”-shaped footprint with a dual-pitched roof along each of
the three sides of the “U”, such that is a merging section where each of these three roofs meet, and such
that the inner eaves along the two lengths of the “U” would be joined to form a valley roof along the
middle.[Source: June 2011 - Code
a00253].

·The phrase “dual-pitched roof”
does not apply to an outbuilding with a mansard / crown type roof (i.e. either a roof with
shallow pitches in the centre and steeper pitches at the sides, or a roof with a flat area in the centre and
pitches at the sides).[Note: This contradicts the entry two
below].[Source:March 2011 - Code a00220].
[Source:April 2011 - Code a00228].
[Source:May 2011 - Code
a00239].

·The phrase “dual-pitched roof”
does not apply to an outbuilding with a roof that is the equivalent to a mansard / crown type
roof where the central section is sunken down.[Source:June 2011 - Code a00256].

·The phrase “dual-pitched roof”
does apply to an outbuilding with a mansard / crown type roof (i.e. either a roof with shallow
pitches in the centre and steeper pitches at the sides, or a roof with a flat area in the centre and pitches
at the sides).[Note: This contradicts the entry two
above].[Source: December 2010 - Code a00183].

E.1(e):

·See entries under
separate heading “Height”.

·See entries under
separate heading “Eaves”.

E.1(f):

·No
entries.

E.1(g):

·See entries under
separate heading “Juliette balconies”.

·Where a proposed outbuilding
would involve a raised platform with height greater than 300mm, it would not be permitted
development.[Source: September
2009 - Code a00026].

E.1(h):

·See entries under
separate heading “Class E”.

E.1(i):

·No
entries.

E.2:

·An illustration of how to apply
this limitation is provided in the“DCLG - Permitted development for householders -
Technical guidance” (August 2010).

E.3:

·See entries under
separate heading “A side elevation of the original dwellinghouse”.

·An illustration of how to apply
this limitation is provided in the“DCLG - Permitted development for householders - Technical
guidance”(August 2010). This illustration confirms that for most houses,
where the side elevations are parallel to the side boundaries, Class E, part E.3 only prevents outbuildings
from being within the area that is directly in between the side wall of the house and the side boundary. In
other words, this limitation does not prevent outbuildings from being within the additional area that can be
covered if considering the imaginary line of the side wall when extended forwards and rearwards. However, it should
be noted that where the side elevations are not parallel to the side boundaries, this still leaves open the
question of whether the straight line should be drawn perpendicular to the side wall or perpendicular to the side
boundary.

·Class E, part E.3 only
prevents outbuildings from being within the area that is directly in between the side wall of the
house and the side boundary. In other words, this limitation does not prevent outbuildings from being
within the additional area that can be covered if considering the imaginary line of the side wall when
extended forwards and rearwards.[Source: “DCLG -
Permitted development for householders - Technical guidance” (August
2010)].
[Source: December 2009 - Code a00054].
[Source: August 2010 - Code a00132].
[Source:November 2010
- Code a00153].
[Source:February 2011 - Code
a00214].

·For the purposes of Class E,
part E.3, the phase “a side elevation of the dwellinghouse” includes the side wall of a non-original
extension. As such, Class E, part E.3 would prevent an outbuilding from being within the area that is
directly in between the side wall of such an extension and the side boundary.[Source: August 2010 - Code
a00132].[Source: November 2010 - Code a00153].